Many people don’t think about what is going to happen when a parent or another loved one dies. When you find yourself in that situation, you might suddenly realize that you are going to have to deal with the person’s estate.
Some people choose to make an estate plan. This plan, which usually includes a will, outlines what they want to happen with their belongings. While this seems like it would make everything easy to deal with, this isn’t always the case.
There are some estates that end up in probate court because someone challenges the will. This isn’t something that can be done on a whim. Instead, the challenge has to be based on a valid reason.
A will can be contested if the person has reason to think that it was made under fraudulent circumstances. This could mean that someone else signed the will for the person. It could also be the case if the will was created with undue influence. This means that someone did something to influence the terms of the will.
It is also possible to contest a will if you think the decedent wasn’t in his or her right mind. All wills must be created when the person is able to understand what the will is going to do when he or she passes away.
Making the decision to contest a will isn’t one that can be taken lightly. The person who is contesting must make sure that he or she has everything in order. If you are the person who is left trying to handle the estate and will challenge, make sure that you understand your options and duties.
Source: FindLaw, “Reasons to Challenge a Will,” accessed July 07, 2017